updated 10:26 am EDT, Wed September 19, 2012

Figure would greatly exceed jury's recommended damages

Apple is planning to ask US Federal Judge Lucy Koh for $3 billion in damages from Samsung, even though a jury recommended $1.05 billion, according to "multiple legal sources" for The Korea Times. Due to the finding of "willful infringement" by Samsung against Apple's patents, Apple is allowed to request a tripling of damages under US law. One of the sources commented that "the decision means Apple wants to quickly address the harm that Samsung's infringing products are said to be causing," and that "as has been the case throughout this trial, Apple is pressing its full advantage over the jurors' decision."

If Apple does ask for $3 billion, it will be the largest amount ever demanded for violation of technology patents. While the trial specifically focused on copying done by Samsung and not Android generally for the most part, the lawsuit was one of many the company has aggressively pursued against makers of Android device. Former Apple CEO Steve Jobs infamously said that he considered Android "stolen," and that he was willing to go to "thermonuclear war" over the issue, though a direct showdown with Android creator Google has not really materialized as of yet.

A hearing between the two corporations is set for tomorrow in which both parties are expected to ask Judge Koh to overturn portions of the jury's verdict (so-called "Rule 50" motions). For Samsung, it will seek to have almost the entire verdict nullified, which is viewed as unlikely -- though it could gain some small concessions from the judge. Similarly, Apple will also ask the judge to throw out the one ruling in the trial that was favorable to Samsung, a finding that the Galaxy Tab 10.1 did not infringe on any of Apple's patents.

The jury's finding on the Tab, Samsung's only victory in the lopsided defeat, is contradicted by findings in several other countries that the tablet did indeed copy Apple's iPad designs and other patents, Apple is expected to argue. The iPad maker is also seeking sales injunctions for most other of Samsung's current and recent product lines, but will have to wait until early December to get a hearing on that topic.

The jury recommended a penalty of about $1 billion. But this was a case of infringement, and Samsung's defense confirmed that the infringement was willful. Under U.S. intellectual property law, willful infringement carries up to a triple penalty. So yes, Apple is asking for a triple penalty. Why is this shocking?